(A) After the date of adoption of this chapter, construction of any new home or the expansion, remodeling or redevelopment (partial or total) of any residential dwelling, accessory use, building or structure, on a zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable parcel, tract or area of land that abuts Moon Valley, the Long Beach Golf Course or any water body shall comply with the following view protection and waterfront setback standards.
(B) It is the intent of these standards to protect the view of Moon Valley, the Long Beach Golf Course and any water body from the principal permitted dwelling.
(1) No dwelling or accessory use, building or structure located on a zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land that abuts Moon Valley, the Long Beach Golf Course or any water body shall block the view from any other dwelling, located on an adjacent zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land, that abuts Moon Valley, the Long Beach Golf Course or any water body.
(2) The Waterfront Setback line upon which a dwelling accessory use, building or structure, shall be built on a zoning lot that abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land, that abuts Lake Michigan shall be a line measured from the zoning lot line abutting the public right-of-way known as Lake Shore Drive perpendicular to said zoning lot line, a distance no greater than 106.60 feet. No dwelling, accessory use, building or structure shall be located any closer to Lake Michigan than 106.60 feet from the zoning lot line abutting the public right-of-way known as Lake Shore Drive.
(3) Notwithstanding any language contained in this section nor in any other section or provision of this chapter there may be added to the dwelling, building or structure to be built on a zoning lot that abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land that abuts Lake Michigan, a deck which may extend no further than a line measured from the zoning lot line abutting the public right-of-way known as Lake Shore Drive perpendicular to said zoning lot line a distance of 123 feet provided that no deck or stairway shall extend beyond (lakeward of) a seawall or revetment. All decks shall be subject to the following:
(a) For zoning lots north of Lake Shore Drive:
1. All decks must either be ground level or elevated no higher than the elevation of the first story floor. The term FIRST STORY shall be defined as that level of living space of a structure, the floor of which has as its elevation, the height closest to the elevation of the center line of the public right-of-way known as Lake Shore Drive measured immediately adjacent to the building lot.
2. A deck shall be allowed to be constructed at an elevation equal to, but no higher than, the elevation of an existing first story deck on an adjacent zoning lot. In the circumstance where (B)(3)(a)1. and (B)(3)(a)2. conflict, the lower elevation shall apply.
3. The waterfront setback from the shoreline of any water body upon which the dwelling, accessory use, building or structure shall be built, shall be determined by the Building Commission, as determined by the following criteria:
a. Equal to the average of the waterfront setbacks of dwellings already built on both sides of the zoning lot upon which the dwelling, accessory use, building or structure is to be built but no less than required minimum setback of the zoning district; or
b. Equal to the waterfront yard setback of the dwelling built on one side of the zoning lot upon which a dwelling, accessory use, building or structure is to be built but no less than required minimum setback of the zoning district; or
c. The required minimum waterfront yard setback of the zoning district, if zoning lots adjacent on both sides of the zoning lot where the proposed dwelling, accessory use building or structure is to be built upon is vacant, accessory use building or structure is to be built upon are vacant but not greater than 106.60 foot line.
d. No other structures, including fences, boathouses, cabanas and other structures and landscaping plants, except for those already in existence, shall be built or planted as to block the view of the surface water features of any dwelling located on an adjacent zoning lot.
(b) For zoning lots on Moon Valley Golf Course and bodies of water other than Lake Michigan. The building line setback shall be determined by the Building Commission, as determined by the following criteria:
1. Equal to the average of the building line setbacks of dwellings, accessory uses, buildings or structures already built on both sides of the zoning lot upon which the dwelling, accessory use, building or structure is to be built but not less than the minimum setback;
2. Equal to the building line setback of the dwelling, accessory use, building or structure already built, but only built on one side of the zoning lot upon which a dwelling, accessory use, building or structure is to be built but not less than the minimum setback; or
3. The required building line setback of the zoning district, if zoning lots adjacent on both sides of the zoning lot where the proposed dwelling, accessory use building or structure is to be built upon are vacant.
4. Elevated decks may not extend beyond the building line setback.
5. Note in the circumstance where the setbacks conflict, the more restrictive setback shall apply.
(4) The height of any structure including any proposed new dwelling, accessory use buildings, or structure constructed, and the remodeling and redevelopment of any dwelling, accessory use, building or structure in a residential district on a zoning lot abutting or, if not abutting, is adjacent to a non-buildable parcel, tract or area of land that abuts a water body, Lake Michigan, Moon Valley, the Golf Course or other water body shall be limited to the maximum height allowable in the zoning district provided that such height does not block the view from any existing dwelling, accessory building, use or structure on a abutting zoning lot or property.
(C) Side setback north of Lake Shore Drive.
(1) In the R2 zoning district north of Lake Shore Drive when two adjacent lots are combined to a single zoning lot, the six-foot side setback shall double to 12 feet. If three or more lots are combined, it shall increase to 16 feet.
(2) In the R1 zoning district north of Lake Shore Drive when two adjacent lots are combined to a single zoning lot, the ten-foot side setback shall increase to 12 feet. If three or more lots are combined, it shall increase to 16 feet.
(3) See Chapter 154, Appendix A.
(D) Legally permitted structures in existence prior to the passage of this section are exempt.
(E) No structure shall be erected on the Public Trust Land of the State of Indiana.
(Ord. 0203, passed 6-10-02; Am. Ord. 0302, passed 2-9-04; Am. Ord. 1002, passed 6-14-10; Am. Ord. 2017-05, passed 6-19-17; Am. Ord. 2018-05, passed 9-10-18) Penalty, see § 154.999